CHAPTER XXXV.

_McClellan and the Government.--Lewis and Scully Arrested as Spies.--An

Attempted Escape.--Trial and Conviction.--Condemned to Die.--Before the

Gallows their Mouths are Opened._

The month of February added its slowly passing days to those that had

preceded it, and as yet no tidings were received from Timothy Webster,

or from those who had gone in search of him. W. H. Scott had returned,

and reported that they had safely passed over the Potomac River, and

landed upon rebel soil, but further than this, I had no information that

tended to allay my anxieties, or to give assurance of their safety.

In the meantime, the troops around Washington had not been idle.

Reconnoissances had been made from time to time, by the advance-guard of

the army, and skirmishes with the enemy were of frequent occurrence.

These movements were of great importance, not so much from the actual

results of victories attained, as for the education which it imparted to

the troops, in accustoming them to the presence of their foes, and

giving them confidence while under fire.

General McClellan had completed his plans for the investment of the

rebel capital, and the public mind was in a state of feverish anxiety

and expectation for the forward movement of the troops. The popular cry

of "On to Richmond," was echoed from lip to lip throughout the entire

country. Every one, except those who knew and realized the danger and

difficulties to be encountered and overcome, were filled with an

enthusiasm which only regarded results and never considered the cost of

their accomplishment. Extravagant ideas of a struggle which should be

"short, sharp and decisive," were the only ones entertained by the great

army of "stay at homes," and the question of caution, foresight and

sagacity was left to the consideration of those who must brave the

dangers of the field, and face the deadly fire of their determined

enemies.

Added to this a feeling of dissatisfaction began to display itself in

high circles at Washington. The delay, which General McClellan wisely

deemed necessary for the perfect equipment and education of his army,

was being used as a pretext by those who envied the young commander, to

detract from his reputation, and to impair the confidence which a united

people had reposed in his loyalty and ability. The President was

besieged by importunate cavillers the burden of whose refrain was the

defamation of the hero of West Virginia, and it is not surprising,

however much to be regretted, that Mr. Lincoln gradually permitted

their clamors to disturb him, and eventually partook of some of the

distrust with which they endeavored to impress him. From a legitimate

and wise desire to prevent an untimely divulgence of his plans, General

McClellan had, up to this time, kept his ideas and opinions to himself

and confined his military discussions to but a few of his immediate

officers, and those whom he had known and trusted for years. This manner

of proceeding was not to the taste of some of the leading men in high

places at that time, who deemed themselves as competent to confer with

and advise the commanding general, as those whom he had chosen. In order

to soothe their wounded self-pride they had recourse to a species of

revenge not admirable, to say the least. They plied the ears of the

President with comments derogatory to McClellan, and with innumerable

suggestions of pet schemes of their own conception, which would, in

their opinion, undoubtedly end the war with surprising alacrity. The

result of these onslaughts was, that McClellan was required by Mr.

Lincoln to unfold his own carefully arranged plans to a council of

generals, for their consideration and approval. To this "wicked and

ignorant clamor" he was obliged to yield, and it is not to be wondered

at, that his proposed movements were betrayed, and that not long

afterwards he was subjected to the mortification of having his army

divided into corps, against his wishes, and their commanders appointed

without consulting him, and without his knowledge. Subsequently he was

compelled to submit to having the conduct of the war in Virginia placed

in charge of inexperienced, irresponsible and jealous-minded officers,

whose antipathy to him was as well known as it was unceasing and

violent.

Notwithstanding all this, the general pursued his way. His army was

organized, his plans prepared. The defense of Washington was provided

for, as he thought, in the most complete manner possible, and in command

of a noble army, which had grown up under his immediate guidance and

control, the brave commander started upon his campaign.

During the month of March, 1862, the forward movement was commenced. By

divisions the army was transported from Alexandria to their point of

destination upon the Peninsula, and on the first day of April, General

McClellan embarked, with his headquarters, on the steamer "Commodore,"

reaching Fort Monroe on the afternoon of the following day.

At this point we will leave the army, to follow the movements of my

operatives, and detail their experiences in the rebel capital, although

the facts were not reported to me until a long time after their actual

occurrence.

Price Lewis and John Scully reached the city of Richmond without

accident or delay, and at once established themselves in the Exchange

Hotel, where they remained quietly for the night. The next morning they

started out to search for Timothy Webster, and for the purpose of

obtaining reliable information of him they went to the office of the

_Richmond Enquirer_, for the proprietors of which Webster had frequently

carried letters, and purchased goods while in the North. Here they were

informed that Webster was confined to his bed at the Monumental Hotel.

Repairing at once to the place where they were directed, they were shown

to Webster's room, and here they found the brave fellow, lying a weak

and helpless invalid, attended by Mrs. Lawton, whose attentions to him

were unremitting. There was also in the room, a Mr. Pierce, a warm

Southern friend, whose friendship for Webster was of long standing, and

whose visits to the sick man were of daily occurrence.

The recognition between them was a most formal and undemonstrative one,

and no one would have suspected that they were engaged in the same

vocation, and acting under the same authority. During the short

interview that ensued, Webster was fretful and ill at ease. Knowing the

sentiments of the people as he did, and associated as intimately as he

was with the most prominent of the Confederate authorities, he was

fearful that the precipitate and unheralded appearance of his companions

might lead to their being suspected, as well as to attaching suspicion

to himself.

The few words of conversation, therefore, that ensued, were marked by a

constraint which was uncomfortable to all parties, and the visit was of

short duration. When they called again upon Webster, they found with him

a rebel officer from the Provost-Marshal's office, who was a friend of

Webster, and who visited him frequently.

Webster introduced his two friends to Captain McCubbin, for that was the

man's name, and after a few minutes, that officer inquired:

"Have you gentlemen reported at General Winder's office?"

"No, sir," replied Lewis, "we did not think it was necessary, having

fully reported to Major Beale, and received his permission to travel."

"It _is_ necessary for you to report to the Provost-Marshal here, and I

now give you _official_ notice of the fact," said McCubbin, laughingly.

"Very well," returned Lewis, "we will do so as early as possible."

"Any time within a day or two will answer," said the officer.

Webster watched the rebel captain carefully while he was speaking, and

he thought he detected beneath his careless, laughing demeanor, an

element of suspicion, which he did not like, and more than ever he

deplored the fact that my men had visited him so soon, or had appeared

to be acquaintances of his. However, the mistake had been made, if

mistake it was, and he resolved to give the matter as little concern as

possible, trusting that his anxiety was ill-founded, and that all would

be right in the end.

On the following morning my two operatives presented themselves at the

office of the Provost-Marshal, and meeting Captain McCubbin there, they

were soon introduced to General Winder, who occupied that position in

the rebel capital. After they had been formally introduced to General

Winder, that officer made very minute inquiries, as to the antecedents

and the business of the two men before him, although no word was

mentioned, that led either of them to believe that they were suspected

of being other than they seemed. They informed the Marshal that they

were natives of England and Ireland, that Scully had been in America

nearly three years, while Lewis had arrived only eighteen months before;

that one of them had been connected with a prominent dry-goods house in

New York city, and the other represented a London publishing firm, whose

office was located in the same city. They also stated that in Baltimore

they had become acquainted with W. H. Scott, who had informed them of

great opportunities for making money by smuggling goods into the

Confederacy, and that this visit had been made to afford them the

knowledge requisite to embarking in such an enterprize. They had agreed

to deliver the letter, which Mr. Scott gave them, to Mr. Webster, which

they had done, and further than this their intimacy with either

gentlemen did not extend.

This interview was conducted in a very pleasant manner by General

Winder, and after they had fully answered all the questions which had

been propounded to them, they took their leave, being politely invited

by the General to call upon him whenever convenient.

Congratulating themselves upon the fortunate outcome of a visit which

they had looked forward to with more or less solicitude, they repaired

to Webster's room to give him an account of what had transpired.

They had not been seated very long, when a detective from the Marshal's

office made his appearance, and after apologizing for his visit,

inquired from what parts of England and Ireland the two men had come;

stating also, that General Winder desired the information.

After this man had left, Webster turned to his companions and in as firm

a voice as he could command, said:

"Get away from Richmond immediately! There is danger brewing. You are

certainly suspected, and it may go very hard with all of us, unless you

leave the city at once!"

"Why do you think so?" inquired Scully, in a skeptical tone. "We

certainly cannot be suspected, and I am confident that you are alarming

yourself unnecessarily."

A spasm of pain prevented Webster from replying immediately; but when

the agony had somewhat subsided, he answered:

"I tell you that man never would have come here with that question

unless there was something wrong. You must, indeed, get away, or the

consequences will be serious."

Scarcely had he uttered these words, when there came a sharp rap at the

door, which, upon being opened, revealed the forms of two men, one of

them being George Cluckner, a detective officer attached to the

Provost-Marshal's office, and the other no less a personage than Chase

Morton, a son of ex-Governor Morton, of Florida, whose house in

Washington my operatives had at one time assisted in searching.

The consternation of Lewis and Scully may well be imagined, and the

latter, without uttering a word, walked rapidly towards the open doorway

and disappeared, leaving Lewis, filled with astonishment and

apprehension, to pass the ordeal of an introduction. The salutations

between them were, as may be conjectured, not of a very cordial

character; and after the merest form of politeness, Lewis bade Webster

good-evening, and left the room. At the top of the landing he found

Scully awaiting him, and they were about to descend the stairs,

felicitating themselves upon having escaped a threatened danger, when

the door of Webster's room was opened, and the Confederate detective

again stood before them.

"Are your names Lewis and Scully?" he inquired.

"Yes, sir," answered Lewis, promptly, resolved to put as bold a face

upon the matter as possible.

"Then," said the officer, "I have orders to convey you to General

Winder's office."

There was no help for it, and they signified their readiness to

accompany him at once, intending to make an effort to escape when they

reached the street. This hope, however, was dashed to the ground; for,

as they descended the stairs, they found three other officers awaiting

their appearance, who immediately took them in charge, and accompanied

them to the Provost-Marshal's office.

Several times, during their journey, Lewis noticed, with increasing

apprehension, that the gaze of young Chase Morton was riveted fixedly

upon them, and he had no doubt whatever that they had been recognized,

and would certainly be apprehended. This prospect was far from being a

cheerful one; but they mustered up all their latent courage, and

conversed good-humoredly with their escort, as they walked briskly

along.

Arriving at the General's headquarters, they learned that that

functionary was absent upon some urgent business, but would shortly

return, and had left orders that they should await his appearance. Lewis

and Scully were accordingly admitted to a private room, and requested to

make themselves comfortable until General Winder should desire their

presence. The door closed upon the retreating forms of their escort, and

left them in a most uncomfortable condition of mind indeed. There was

now no doubt of the correctness of Webster's suspicions, and they

bitterly regretted their haste in visiting him, and also not having

taken his advice at once. However, this was no time for regrets, and

they resolved to firmly adhere to their original statements, and await

the disposition of their case by General Winder.

While they were conversing together, the door was opened, and young

Morton entered the room, accompanied by an officer. Stepping directly up

to Price Lewis, he addressed him:

"Don't you remember me?"

"I do not," responded Lewis; "I do not remember to have seen you at any

time before to-day."

He looked unflinchingly into the eyes that met his, and the determined

tones of his voice betrayed no trace of the emotions that were raging

within his bosom.

"Don't you remember," continued young Morton, "coming to my mother's

house, in Washington, as an agent of the secret service of the Federal

government, and making a thorough search of our premises and its

contents?"

"You are mistaken, sir," replied Lewis, firmly. "I know nothing of what

you are alluding to."

"I am not mistaken," said the young Southerner, "and you are the man!"

"Perhaps this gentleman will say that he recollects me, next," said

Scully, resolved to be as bold as possible, under the circumstances.

Chase Morton gazed at him a few moments and then answered, decidedly:

"Yes sir, I recollect you also; you were one of the men who assisted in

searching my mother's residence."

Both men insisted strongly upon their ignorance of any such proceeding,

and indignantly repudiated the charges that had been made against them.

At this juncture General Winder came in, and walking up to Lewis he

greeted him cordially, warmly shaking him by the hand, saying:

"How do you do, Mr. Lewis, and how is Mr. Seward?"

"I do not know what you mean," replied Lewis.

"Perhaps not," said Winder, with a disagreeable smile, "but I am

inclined to think that you know a great deal more than you are willing

to admit."

"I do not understand you."

"Very well," said the Provost-Marshal, "you will understand me, and all

in good time. Do you know gentlemen, I suspected you were all wrong from

the start, and you were not keen enough to impose your story upon me?

George," he added, turning to one of his men, "go to the hotel, and get

the baggage belonging to these gentlemen. We will see if that will

throw any further light upon their true character."

The officer departed, and during his absence, General Winder plied them

with questions about their mission; their knowledge of Timothy Webster;

their visit to Richmond, and in fact about everything imaginable, and

all of them showing conclusively that he believed them to be spies, and

unworthy of credence. Their satchels were finally brought in, and a

rigid examination failed to discover anything to justify his suspicions,

and Winder finally left the room, angrily ordering them to remain where

they were, and directing his officers and Chase Morton to accompany him.

A few minutes elapsed after their departure, during which the loud voice

of Winder could be heard, angrily declaiming against the two men; he

then came back again, and addressing my operatives said:

"Gentlemen, your stories don't agree with what I know about you, and we

will give you time to think the matter over;" then turning to his deputy

he commanded, "Take them away!"

"Where to?" inquired the officer.

"To Henrico Jail," was Winder's response.

They were then conducted to the jail and placed in a room in which six

others were confined, where the officers left them to their meditations,

which, as may be imagined, were far from pleasant. Not knowing what

might be in store for them, and fearing that their presence in Richmond

might result in danger to Webster, they resolved to say nothing

whatever, and to adhere strictly to the story originally told by them,

and then to abide by the consequences, no matter how serious they might

be.

During the afternoon of the following day, an officer accompanied by an

elder son of Mr. Morton made their appearance at the jail, and he, too,

identified the two men, as being concerned in searching his mother's

residence in Washington, and endeavored to recall several incidents

which had taken place on that occasion. To all of his statements,

however, Price and Scully made emphatic denials, and vehemently asserted

their entire ignorance of anything connected with the Mortons, or their

relations to the Federal government.

Finding it impossible to obtain any admission from the two prisoners,

they took their departure, and left the confined detectives to their own

unpleasant reflections.

For three days they remained in their place of confinement, and during

that time no word came from the Marshals office or from any one

concerning their disposition or future movements. It seemed as though

the authorities had been content with simply placing them in durance

vile, and then had dismissed them from their minds. This was the most

favorable view they were able to take of the case, and they were

solacing themselves with the fallacious hope of having escaped a fate

which they dreaded, and also with the belief that Webster, their friend

and companion, would not be associated with their presence in Richmond,

and that their discovery would not operate to his injury.

On the fourth day, however, an attache of the Marshal's office came to

the jail, and calling for John Scully informed him that his presence was

required by General Winder. Scully prepared himself for the visit, and

taking leave of his companion followed the officer. He did not return

that night, and for days afterwards Lewis was in ignorance of what had

become of him, or what fate he was to expect at the hands of these

minions of disloyalty and secession.

Lewis, meanwhile, had become acquainted with his fellow prisoners, all

of whom were in a state of anxiety as to what measure of punishment

would be meted out to them, and all nearly crazed with the uncertainty

of their impending fate. For days they had been concocting a plan of

escape, and finding Lewis disposed to make an effort to be released from

his confinement, they developed their plans to him, and requested his

aid in the accomplishment of their purpose.

Lewis hailed with delight a proposition that promised to enable them to

exchange the damp and noisome air of a prison for the free breath of

nature, and the dark hours of captivity for the freedom and liberty he

longed for, and he became an energetic and careful coadjutor of those

who suffered with him the degrading position of being imprisoned by a

government which they despised, and by which their lives were menaced.

The part of the jail in which they were confined was separated from the

main building, and contained four cells, two upon the ground floor and

two immediately above them. These cells were reached through a corridor

from the yard outside, and secured by two doors; one a heavy iron one

fastened on the inside, and the other a stout wooden barricade, the lock

of which was placed on the outside of the building. It was the custom of

the old man, who acted as the jailer, to allow the prisoners a half

hour's walk in the yard during the early evening, and then, locking them

up safely again, he would leave them alone in the building, while he

went to his home, several blocks distant.

One of the men had managed to secrete a file about his person, and with

this they succeeded in making a saw out of a knife. These were the only

implements which they had to work with. Notwithstanding the meagerness

of their implements, but a few days had elapsed before the bolts on

every cell-door were sawed through so that they only required a few

minutes' labor to detach them from their fastenings altogether.

It is impossible to detail the hours of feverish anxiety, of tireless

energy, and of momentary fear of detection, through which these men

passed while engaged in their difficult and dangerous work--or to depict

their joy, when at last their labor was completed, and they awaited the

time of carrying their plans into execution.

The outside door was now the only barrier between them and their coveted

freedom, and various plans were suggested to overcome this obstacle. At

length one was decided upon which promised to secure the object of their

desires. In one corner of the yard in which they took their daily

exercise, there was a large pile of ashes and garbage, which had been

accumulating for a long time. It was resolved that one of their number

should be buried under this rubbish, while several of the other

prisoners engaged the old jailer in animated conversation.

The man selected for this purpose was a good, brave fellow, who was

formerly a sailor, and had lately been a member of an artillery company

from New York. His name was Charles Stanton, and he had come into the

South upon his own inclination, and for the Quixotic purpose of

obtaining command of a gunboat of the Confederacy, and then attempting

to run it through to the Union lines. He had, however, been suspected,

and remanded to prison, where he had remained without a trial, and

without hope of release, for several months.

The prisoners were all turned out for their usual exercise in the yard,

on the evening which had been agreed upon; and in accordance with their

arranged plan, several of the prisoners surrounded the old turnkey, and

engaged him in an earnest discussion, while others set actively to work

to dig the grave of Stanton in the ashes. In order that he might not be

unbearably uncomfortable, his body only was covered with the contents of

the ash-heap, while his head and shoulders were concealed from view by

some straw, which one of the men brought from his cell for that purpose.

In the jail, at this time, there were a number of negroes, who had been

captured while attempting to make their way to the North, and although

these faithful blacks were aware of the attempted escape, and knew full

well that they were not included in the movement, their efforts were

none the less active in behalf of the white men who were struggling for

liberty.

They had been informed of the attempted escape, from the first, and had

kept the matter a profound secret, at the same time rendering such

service as they were capable of to the whites.

Everything worked to their entire satisfaction. The turnkey was

unsuspicious; the grave was made without discovery, and Stanton was

carefully concealed. In a few minutes afterwards the call for retiring

was heard, and the men, with throbbing hearts, rushed in a mass toward

the door of the corridor. This was done in order to escape the counting

of their number, in case the old man should attempt to do so. They

passed quickly into their cells, and were not required to be counted.

Thus far, all had been done as successfully as could be hoped for, or

expected; no suspicions were excited, nor was their missing comrade

called for. It had been the custom of the old man to make a tour of the

cells after the prisoners had retired, to see if they were all there

before he went away for the night. In order to overcome this possibility

of detection, a figure had been made of straw, stuffed into the garments

of the men, and laid upon the bed, in order to look as much like a human

being as possible.

This precaution proved to be a good one, for just before the time of

closing up the prison arrived, the glimmer of the old turnkey's lantern

was seen in the corridor, and shortly after, his face appeared at the

door, as he eagerly scanned the occupants of the various cells.

Apparently satisfied with his scrutiny, the jailer went his way, the

heavy outside doors were closed and locked, and the retreating footsteps

of the old man could be distinctly heard.

The critical moment had at last arrived, and they awaited in breathless

silence the appearance of Stanton. Fortune favored them in a peculiar

manner this evening. As the old man was passing the pile of ashes under

which Stanton was concealed, he noticed the unusual appearance of the

straw. Stopping for a moment, he drew a match from his pocket, lighted

it, and then walked toward the heap as though with the intention of

setting fire to it. The match fortunately was extinguished by a blast of

wind, and after searching in his pocket for another match, but finding

none, he slowly turned, and walked out of the gate, locking it securely

behind him.

Stanton's feelings, under this ordeal, may be imagined. If the old man

had succeeded in igniting the straw, under which he was concealed,

detection would have followed instantly, and no doubt serious injury

would have been inflicted upon the brave fellow, who had willingly

suffered the discomforts of his unpleasant confinement for the purpose

of assisting his comrades to escape.

No sooner had the gate closed upon the jailor, than he crawled nimbly

out from his place of concealment, and hastily made his way to the door.

He at once began his operations upon the lock. The appearance of Stanton

at the door was the signal for the others, and in less than an hour the

locks upon the cell doors had been removed. Stanton had wrested the lock

from the outside door, and only the iron inside one was now to be

overcome. This barrier resisted all their efforts, and it was at last

decided that the lock must be removed by main force. This was a

proceeding which necessitated a great deal of noise, and they were in an

agony of apprehension lest their clamor should attract the attention of

people passing on the outside, and thus lead to their detection. To

prevent this, the colored men, without any solicitation or instruction,

came to the rescue in a very important, though unexpected manner. They

commenced to sing in concert, at the top of their voices, snatches of

plantation and camp-meeting melodies, which effectually drowned the

sound of their blows, and enabled them to work without fear of

detection.

The lock at last yielded to their combined efforts, and the men issued

silently forth into the darkness of the night, breathing once more the

stimulating atmosphere of hope and promised liberty. Only the wall

around the prison yard was now to be surmounted, and with the aid of

some old planks that were lying around, they succeeded in reaching the

top, after which they noiselessly dropped themselves to the ground.

Although this wall was very high, they all reached _terra firma_ in

safety, and with one impulse breathed a prayer of thankfulness for the

success which had thus far attended their efforts.

Silently, and walking in couples, at long distances apart, they started

out to leave the city. The sky was clear, and the moon was shining

brightly overhead. The stars were twinkling merrily, as though enjoying

the success which had attended these brave, patient men, in their labor

and toil of days and weeks.

This was on the eighteenth day of March, and Martial law had been

proclaimed some time previously. It was now nearly eight o'clock, and by

the provisions of the law any one found upon the streets after nine

o'clock, must be in possession of a pass, or be liable to arrest. Great

haste was therefore necessary, in order to leave the city before that

hour. With only the stars for their guide, they set out in a northerly

direction. Not one of the men was acquainted with the country, and their

journey was all the more perilous on that account.

By midnight they had reached the Chickahominy, having succeeded, by the

greatest good fortune, in escaping any one who was disposed to make

inquiries or to molest them in any manner whatever. Across this swamp

their way led through quagmires and deep pools, and was dangerous in the

extreme. Sometimes waist deep in the soft mud and water, and scrambling

over slipping places which furnished insecure footholds, and threatened

instant danger from falling back into the pools through which they had

made their way. Their journey was full of hardship and suffering. The

air was cold and frosty, and their wet garments clung to them like ice;

their limbs trembled; their teeth chattered with the cold, and their

condition was really a pitiable one indeed.

At length they reached the woods upon the opposite side. Here they were

obliged to stop and rest, completely exhausted. Some of the hardier of

the party removed their dripping garments, and attempted to wring the

water from them; while others, unable to stand the chilling air any

longer, built a fire, around which they gathered in the effort to warm

their bodies and to dry their water-soaked clothing.

They rested for about two hours, and then pushed on again until

daylight, when they sought the shelter of the woods and laid down,

hoping to get some sleep after their laborious and fatiguing journey of

the preceding night. Sleep, however, was impossible; their clothing was

wet, and the air was cold. Their sufferings became intense, and at

length, finding it impossible to endure the freezing atmosphere longer,

they determined to build a fire, regardless of the consequences.

Proceeding further into the wood, they gathered some boughs, and soon

the cheerful blaze afforded them sufficient heat to dry their frozen

clothing and to warm their benumbed and freezing bodies. Thus passed the

day, and when darkness came on again they resumed their journey.

Already they began to experience the pangs of hunger. They had eaten

nothing since the evening before, and had walked many weary miles. They

were foot-sore and tired and hungry. They had provided themselves with

the remnants of the corn cake which had been served for their supper on

the previous evening, but these had become thoroughly soaked with water

on their journey through the swamps, and had crumbled to pieces.

Notwithstanding their pitiable condition, their strong wills and brave

hearts sustained them, and they plodded on.

The night was intensely dark; the stars were obscured, and a pall of

inky blackness hung over them, which rendered their journey exceedingly

hazardous, as they could not see the way before them, and were unable to

tell in which direction they were traveling.

They had not proceeded far when the storm broke, and a drenching torrent

of rain descended. The wind whistled and howled through the trees, and

for hours the tempest raged with relentless fury. Seeking the shelter of

the woods again, they crouched close to the trunks of the trees, and

vainly attempted to screen themselves from the deluge. It was of no

avail, however; the leafless timber afforded them no protection, and

during the continuance of the storm the poor, tired and almost exhausted

fugitives were exposed to the pitiless blast.

Shivering with cold, their teeth chattering, their garments drenched

through to their quivering skin, they knelt or crouched upon the ground,

and when daylight dawned, and the storm at last cleared away, they were

almost too weak to help themselves.

Price Lewis looked around him as the faint streaks of sunrise illumined

the horizon, and to his dismay saw that nearly all of his late

companions had disappeared, and that only three others beside himself

remained.

With the greatest difficulty they succeeded in building a fire, and were

just preparing to enjoy its comforting warmth, when they were alarmed by

the sound of the hasty tramping of feet, and in a moment they were

surrounded by a number of Confederate soldiers, who commanded them to

surrender at once.

This sudden and unexpected appearance was a crushing blow to their

hopes. They submitted without a word; and although bowed to the ground

with disappointment, they experienced a sensation almost amounting to

relief, at the prospect of receiving the care and attention which even

enemies would give to those in such distress as were these poor

fugitives.

Limping along, they were marched to an out-building, connected with a

farm-house near by, when, to their surprise, they saw the remainder of

their party, who had been captured by another band of soldiers, huddled

together in one corner of the room.

The soldiers were touched with pity, as they beheld the forlorn

condition of the men whom they had secured, and in a short time they had

provided them with a repast, which the famished fugitives devoured with

a rapidity which gave ample testimony of their long and painful

abstinence.

After dispatching this meal they were conveyed directly back to

Richmond, and returned to their old quarters in Henrico jail. On their

arrival each man was placed in a separate cell, and doubly ironed, to

prevent a repetition of their efforts to escape.

[Illustration: _The prisoners re-captured._]

While Price Lewis had been engaged in this unsuccessful attempt to gain

his liberty, John Scully had been undergoing a far different experience.

A court-martial had been hurriedly convened, where he was fully

identified by every member of the Morton family as the man who had

searched their premises in the city of Washington, and had, after a very

summary trial, been convicted and remanded back to prison to await his

sentence.

On the second day after the return of Price Lewis he was conducted

before a court-martial, and in a remarkably short space of time was

accorded a trial, if trial it could be called, and his conviction

followed as quickly as did that of John Scully.

They had been charged with being alien enemies, and at one time acting

in the service of the Federal government in Washington. In addition to

this, they were charged with loitering around the fortifications at

Richmond and taking plans of the same. Notwithstanding the fact that no

witness could be procured who would swear to having seen them in such

localities, or engaged in any such occupation, the members of the

court-martial, with singular unanimity, found them guilty of the second

charge, with as much haste, and as manifest an air of solemnity, as they

did of the first.

The next day they were each informed of their sentence, which was that

they should be hung by the neck, as spies, and that their execution

should take place in one week from the day of the communication of the

information to them.

This sentence was a heavy blow to the two prisoners; and from the

character of the men by whom they were surrounded, they felt that hope

was useless. The spirit of animosity manifested toward them by the

court, the indecent haste with which their trial had been conducted, and

the rapidity with which their sentence had followed their conviction,

gave them no reasons for hoping for clemency, or that they would be able

to escape the dreadful fate which now was impending over them.

The conduct of the various members of the Morton family in betraying my

operatives to the authorities, and in appearing as accusing witnesses

against them, in face of their promises, long ago made, to befriend them

if possible, was an act which did not reflect very favorably upon their

regard for truth, or their appreciation of delicate treatment when they

themselves were suspected of treachery.

Lewis and Scully had never seen each other from the time when the latter

was removed from the cell a few days after their first imprisonment, and

each was unconscious of the other's fate or of the state of their

feelings under the fatal sentence which hung over them both.

After their conviction they had both been sent to a prison called Castle

Godwin, and had been placed in irons, and in separate cells. During the

first two days that elapsed after their conviction, they were visited

by Judge Crump, who conducted the trial, and by several members of

General Winder's staff, all of whom endeavored to obtain some admissions

from the two prisoners which would justify their action in condemning

them to death. All with no avail, however; the two men stoutly insisted

upon their original story, except so far as to admit that they had

searched the premises of Mrs. Morton, but each man was firm in stating

that he had become disgusted with the service, and had left it very soon

after that act had been committed.

On the day after their sentence had been communicated to them, a letter

was brought to Lewis, from the commandant of the post, stating that

Scully was suffering with a serious illness, and having requested that

Lewis be allowed to visit him, the privilege had been granted. On

entering the cell where Scully was confined, Lewis found his

fellow-prisoner in a very depressed condition of mind, although his

physical infirmities had been assumed in order to secure an interview

with his partner in misfortune.

After discussing their situation as philosophically as possible under

the circumstances, seeking for some ray of hope and finding none, they

were at last compelled to the belief that their doom was sealed, and

that their only plan was to bear up manfully to the end.

Scully, who was a Roman Catholic, desired the services of a priestly

comforter, to whom he could make such statements as would relieve his

mind in the coming trial, and made known this wish to Lewis.

"You will not tell him what you know of Webster, and his connection with

this matter, will you?" said Lewis, fearful that Webster might be

betrayed.

"I don't know what I will tell him," answered Scully; "I have not

decided what to say, nor do I know what I will be commanded to relate."

"For God's sake, Scully, don't say anything about Webster; we can meet

our fate like men, but to mention his name now, would be wrong indeed."

"I tell you," said Scully, "I don't know what I am going to say. I don't

want to do wrong, but I cannot tell what I may have to do yet."

Lewis argued with his companion long and earnestly upon this matter, and

when at last the priest arrived, and Scully followed him to another

cell, the warning admonitions of his fellow-prisoner were ringing in his

ears.

What transpired during that secret meeting between the condemned spy and

his father-confessor, Lewis did not know, but when he was conducted to

his own cell, late that night, he saw a man and woman closely guarded,

in the lower hall, and his heart grew heavy and cold as his imagination

conjured up the direful fate which a confession from his imprisoned

comrade would bring to the faithful patriot Webster, who lay suffering

and anxious upon his bed of pain.

After a long and restless night, in which he tossed uneasily upon his

hard prison bed, vainly attempting to court the rest-giving slumber of

which he stood so much in need, Lewis arose from his couch, feverish and

unrefreshed, as the first faint rays of the morning sun penetrated his

damp and dingy cell.

His mind was in a state of confusion, and his heart was filled with

fear. What had been done he knew not, and yet those guarded figures of

the night before were ever in his mind. Could it be that they were

Webster and his faithful attendant Mrs. Lawton? He shrank involuntarily

from this thought; and yet, strive as he would, it recurred to him, with

increased force, and with more convincing power, after each attempt to

drive it from him.

In a little while, the prison was astir. The guards were making their

accustomed rounds, breakfast was served, and another day, with all its

solemn activity, and its bustle so death-like and subdued, had begun.

Unable to partake of the scanty meal that was set before him, Lewis

impatiently awaited the hour when he would be permitted to visit his

fellow-prisoner whom he had left upon the eve of consulting with his

spiritual adviser, and, if possible, learn the result of his interview

with the priest.

About ten o'clock the turnkey appeared, and he was conducted to Scully's

cell. As he entered the dimly-lighted room, he noticed that the face of

the man whom he had left the night before, had undergone a wonderful

change. His cheeks were sunken and pale; his eyes had a strange, wild

expression, and the shadows under the lids were dark and heavy. His hair

was unkempt, and his lips trembled with the emotions which he was

struggling to repress. Whatever events had transpired since he had seen

him last, it was evident that their effect upon Scully had been terrible

and agonizing. He had been unable to sleep, and the tortures of his mind

had been almost unbearable. His greeting to Lewis showed a degree of

restraint which had been unknown before, and for a moment he seemed

unable to speak.

At length he grew calmer, and related to his friend the events of the

preceding night, and the influences that had been brought to bear upon

him. The promise of freedom; his loving family at home; the certainty of

an ignoble death if he refused; the degradation of the impending

scaffold; and the promise that his admissions should result in injury to

no one, all combined against his weak condition of both mind and body,

and at last, yielding to the influences which he could not control, he

had told his story, and had given a truthful account of all his

movements.

Who can blame this man? Who, that has stood before the frowning

scaffold, and with a free world before him, can utter words of censure?

Only those who have suffered as he did, prostrated as he was, can know

the terrible agony through which he passed ere the fatal words were

forced from his trembling lips. For myself, I have no judgment to

utter. Now, as when the news was first communicated to me, I cannot

express an unjust sentence. John Scully and his companion were not

heroic martyrs. What then? They were simply men who, after having

performed many brave acts of loyalty and duty to their country, failed

in a moment of grand and great self-sacrifice. I cannot apologize for

them--I cannot judge them. Their trial was a severe one, and they were

in sore distress. If they succumbed to a controlling emergency, it was

because of a lack of the heroic elements of humanity; and who, in our

day, can claim their possession in the very face of death and dishonor?

Let us hasten over these unpleasant and disastrous events. Finding that

the worst had occurred, and that further concealment was of no avail,

Lewis, too, opened his mouth. He was again visited by the rebel

authorities, and at last he, too, added his voice to that of Scully, and

made a revelation of his true character, and of the nature of his

mission to Richmond. The next day they were respited. They had escaped

an ignominious death, but, perhaps, in their lonely cells they suffered

a death in life, beside which an actual demise might have seemed a

blessing. Leaving them to their reflections, we turn again to Timothy

Webster.

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